Rogier versus Jottrand: dure beledigingen in de Belgische opiniepers (1861-1863)

The Belgian Constitution guaranteed political liberty, exemplified by the mandatory competence of jury for judging and press offences. However, constitution did not literally mention quasi-delicts. In 1861, liberal statesman Charles Rogier was insulted ultramontanist Catholic newspaper Le Journal de Bruxelles. He sued newspaper’s printer under tort law, obtained a considerable amount damages, bypassing jury. Progressive radical lawyer Lucien Jottrand, former member Constituent Assembly, argued at length that exclusively reserved both civil criminal liability to Brussels Court Appeal Cassation rejected this reasoning insisted on superior natural law-origins law. Yet, decision created risk private censorship, well documented in archives legal battle around